Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices. If you are successful in arguing this defense, the prosecution may have to drop the charges against you. He had, on a prior occasion. However, in first offense gun charges, The Graves Act causes the penalties to be quite steep.
First Offense Gun Charge In New Jersey Requirements
This section of the law also applies to individuals who are caught with weapons at Newark Airport. This includes anyone who has ever been committed to a mental institution and people convicted of violent crimes, including people with domestic violence convictions. The term "gun crime" evokes images of a masked man pointing a gun at a convenience store clerk, but even a hardworking, young mother can be charged with a gun crime for simply not understanding New Jersey's tough laws. First offense gun charge in new jersey requirements. N. 2C:35-5(c), makes it unlawful to knowingly have in your possession, any rifle or shotgun without the proper Firearms Purchaser Identification Card (FID).
First Offense Gun Charge In New Jersey 2017
Certain Persons Offenses – Info about "certain persons to not own firearms" offenses. Five-year prison terms for other crimes usually come with the potential for parole after approximately one year. Did your case involve an illegal search and seizure? Call the firm directly at 856.
Firearm Laws In New Jersey
There are numerous specific charges a person can face relating to weapons and the penalties vary. For example, if a person is convicted of the "Graves Act" offense of Unlawful Possession of a Handgun, in violation of N. 2C:39-5(b), a crime of the second degree, the sentencing range is between 5 and 10 years in New Jersey State Prison with a mandatory period of parole ineligibility of between 42 months and 5 years. Firearms offenses are aggressively prosecuted, and you should consult with an experienced New Jersey criminal defense attorney if you have been charged. You did not have a permit. He knows what arguments to make and will aggressively defend you in order to protect your rights and hedule Your Free Initial Consultation - Newark Unlawful Possession of a Weapon Lawyer. If you or someone you love faces weapons charges in New Jersey, contact us today at 855-450-8310 or online for a free consultation with an experienced attorney about your case. You can be charged with a crime simply for possessing a firearm even if you weren't doing anything wrong. First offense gun charge in new jersey laws. In fact, our Firm has time and again avoided this draconian penalty provision. Was there a high capacity magazine (increased danger to the public). Proving unlawful possession of a handgun requires the New Jersey prosecutor to establish: - A handgun was present, - You knew that you had the gun, and. Additional Punishment. Possession of a Firearm While in the Course of Committing a Drug Distribution or Possession with Intent to Distribute Offense. The history of the accused person and the facts of the case will determine the strategy used to produce the most effective defense. Contact our offices anytime for a free initial consultation at (201)-614-2474.
First Offense Gun Charge In New Jersey Court
BB gun charges NJ Defense lawyers. We will seek to resolve the charges brought against you in a manner that is as favorable to you as possible. At Gelman Law, LLC, our top gun charge defense lawyers will go to work on your case immediately. However, it's important to emphasize that mere ownership of the firearm is a chargeable offense if law enforcement believed that you planned to use the gun in the commission of a crime. You might get into trouble if there is evidence that: If you are found with a weapon in circumstances where it is not appropriate, you can be charged for unlawful possession. 2d 1209, a person must show "compelling reasons" why a person should be admitted. An expungement can potentially restore one's right to obtain a Firearms Purchaser ID Card (FPIC) and firearms permit in New Jersey. NJ Gun & Weapon Offense Lawyers | Gun Charge Attorney in New Jersey. We have got our clients into pre-trial intervention (PTI), straight probation (no jail time) and in some instances, we have achieved complete dismissal after a suppression hearing challenging the admissibility of the gun evidence. The Graves Act mandates that at least 42 months (3. If the minor is found in possession of a prohibited weapon or firearm, they may be detained for one year in a juvenile facility. The Pre-Trial Intervention (PTI) Program. If you are facing weapons charges in New Jersey, you want a defense lawyer with the experience of our legal team fighting on your behalf. A weapons offense can be expunged in New Jersey if the person is otherwise eligible. If you are charged with a gun-related offense in New Jersey, one of the major laws that will dictate your sentence is the Graves Act.
First Offense Gun Charge In New Jersey Lottery
Aggravating factors might include: - The circumstances and nature of the offense. First offense gun charge in new jersey lottery. Our attorneys prepare each weapons case as if it will go to trial. In addition to facing 5-10 years in state prison, The Graves act stipulates that at least 3 years of this sentence be served before you are eligible for parole. New Jersey Graves Act Weapons Offenses. In addition, the Graves Act imposes minimum prison sentences and will render you ineligible for parole.
First Offense Gun Charge In New Jersey Today
The extent of injury inflicted on the victim. The prosecutors know the weaknesses in their cases, and so do we. In New Jersey, almost anyone who is carrying a gun outside of their home may be found guilty of unlawful possession of a handgun. 24/7 availability to respond to your need for legal representation. Also a third-degree crime.
First Offense Gun Charge In New Jersey Laws
Six Convenient NJ & Philadelphia Law Office Locations. Working with an expert New Jersey criminal defense lawyer is necessary to give your case the best outcomes. The firm's managing partner, Travis J. What Are the Penalties for a Weapons Possession Charge in NJ. Tormey, has been cited as a legal authority in various areas by AOL, the Asbury Park Press, and the Bergen Record. Possession of a firearm or imitation firearm at a school. Possession of a firearm—including handguns, rifles, shotguns, machine guns, and assault weapons—without a permit is a third-degree crime, punishable by 3 to 5 years in prison. If we convince the prosecutor to consent based on the specific facts of your case, we will then advocate on your behalf to convince the judge.
To learn more about innovative defense strategies that our South Jersey gun charge defense lawyers may use, call or contact us online for a confidential consultation. That does not mean a person will not be accepted. In addition, a person cannot have more than three disorderly persons offenses on their record as well. Please feel free to contact our office with any questions. Some of the common charges we fight include: - Possession of a weapon for unlawful purposes. Weapon Possession Charges in New Jersey – N.J.S.A. 2C:39-5. Mandatory Minimum Jail Time for Unlawful Possession of a Handgun Conviction in Camden County, NJ. New Jersey Firearms Defense Lawyer, Steven W. Hernandez. It has been amended to apply to conviction on charges of: - Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun. And because they encompass a wide variety of legal issues, weapons charges are frequently tied to other criminal charges (such as assault or robbery), which can increase the complexity of the case. Defacement of a Firearm.
We will argue that disputable evidence be excluded from further proceedings. New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms. Been convicted of a distribution offense. Even worse, when it comes to weapons offenses is New Jersey, there is a presumption of ineligibility. New Jersey has some of the toughest gun laws in the country. This law imposes mandatory minimums on gun crimes committed in the state, including simply possessing an illegal firearm. Given the serious consequences that can result from a weapons or firearms conviction, it is extremely important that you hire an experienced attorney to defend you. New Jersey's strict gun laws can ruin your life if convicted. New Jersey's Graves Act mandates the imposition of a minimum term of imprisonment before a defendant may be eligible for parole for certain weapons offenses. Constructive possession is harder to prove. Possession of a Firearm by a Juvenile. A paintball gun can clearly be possessed for appropriate use, but when it is used inappropriately it falls into the category of "circumstances not manifestly appropriate for lawful use. " The potential weapons charges available to police and prosecutors are numerous.
Rosenblum Law Firm, May 21, 2012. If an individual does not have a permit as required by this New Jersey statute, and has in his or her possession a handgun, the individual will be guilty of a crime of the second degree. If there are any search issues, a motion to suppress could result in the entire case being dismissed. A possession of a weapon charge has been elevated from a third-degree crime to a second-degree crime.
Veterans' Diversion. Under N. 2C:44-3(d), a person who has previously been convicted of a weapons offense is subject to enhanced penalties. Gun Permit Attorney – A video on hiring an attorney to help you obtain gun permits. If the Prosecutor's Office agrees that you are eligible for the program, your attorney can assist you with submitting a PTI application to the Court.
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